Breach of Contract Lawyer Serving Los Angeles County and Orange County

Most contract disputes start with the same two questions: what is the broken promise worth, and how long do you have to do something about it? Fred Yadegar handles breach of contract matters for individuals and small businesses in Los Angeles County and Orange County, on the side that is owed and on the side that is being accused. He reads the agreement first, then answers both questions with numbers and dates rather than adjectives.

What a broken contract is worth

California measures contract damages by the benefit of the bargain: the amount that puts you where you would have been had the other side performed (Civ. Code §3300). That is the unpaid invoice, the cost of hiring someone to finish the work, or the difference between what was promised and what was delivered. Consequential losses, such as profits lost on a resale, are recoverable when they were foreseeable at the time the contract was made.

Money is not the only remedy. When the subject is unique, most often real estate, the court can order the contract performed rather than paid for (Civ. Code §3384). A contract induced by fraud or serious mistake can be rescinded and both sides restored to where they started (Civ. Code §1689). A pre-agreed damages figure written into the contract is enforced only if it was reasonable when written (Civ. Code §1671). Once the amount owed is certain, interest accrues at 10% (Civ. Code §3289). Attorney’s fees are recoverable only if the contract provides for them, and a clause written to protect one side protects both (Civ. Code §1717). Punitive damages are not available for breach of contract alone.

Two more questions: time and proof

How long you have

A written contract carries a four-year limitations period (Code Civ. Proc. §337). An oral agreement carries two years (§339). A contract for the sale of goods carries four years under the Commercial Code (§2725). The period generally runs from the breach, so months of promises, partial payments, and patience count against you, not for you.

What you have to show

Four elements: a contract existed; you performed your side or were excused from performing; the other party breached; and the breach caused you damage (Oasis West Realty v. Goldman, 2011). A contract can be proven by a signed document, but also by emails, text messages, invoices, and the way the parties dealt with each other. Each element is a place the other side will look for a gap, so the file is assembled around all four from the start.

Where the dispute gets decided

Small claims hears claims up to $12,500 for individuals (Code Civ. Proc. §116.221). Attorneys do not appear at the hearing, but we can organize your evidence and prepare your presentation. Limited civil covers claims up to $35,000 as of January 1, 2024, with streamlined procedures. Unlimited civil takes everything above that, with full discovery. The right forum depends on the amount, the cost of proving the case, and whether the contract gives you a choice at all.

Many agreements require mediation or arbitration before anyone files suit, and the consequences of skipping that step are written into the clause itself. An arbitration clause moves the entire dispute to a private arbitrator instead of a judge. We read those clauses before recommending where the first paper is filed.

If you are the one accused

A demand letter or a complaint is an allegation, not a verdict. The same four elements the plaintiff must prove are your defenses: the agreement was never formed on the terms claimed; the plaintiff did not perform first; a condition of your obligation never occurred; the terms were changed by later agreement or conduct; the claim is outside the limitations period; the damages claimed were not caused by the breach or were not reduced when they could have been; or you hold offsetting claims of your own. A fee clause raises the stakes on both sides, which is why an honest early evaluation matters more when you are defending. Do not answer the demand yourself. Written replies, and silence, both become exhibits.

The disputes that come through our door

• Unpaid invoices and non-payment for services. A lawyer’s demand letter stating the amount, the interest, and the fee exposure resolves many of these without a filing.
• Contractor and construction disputes. Unfinished jobs, defective work, and unpaid balances, on either side.
• Real estate purchase agreements that collapse. Deposits, contingencies, disclosure problems, and sellers or buyers who will not close, where specific performance may be on the table.
• Partnership and LLC disputes. Distributions not paid, accountings refused, and partners frozen out, governed by the operating agreement.
• Security deposits and lease disputes. When a lease dispute turns into a lawsuit for possession, the rules change; see how eviction cases work and the unlawful detainer process.
• Breach of a settlement agreement. A resolved dispute that the other side has stopped honoring.

Before you call

• Pull together each draft and signed version of the agreement, plus the emails, texts, invoices, and payment records around it
• Write a dated timeline: what was promised, what was performed, when the breach occurred
• Locate the clauses on attorney’s fees, mediation or arbitration, and notice requirements
• Stop sending messages to the other party; the record is already long enough
• Mark the date of the breach on a calendar, because the limitations period runs from it

Why call Fred

Fred Yadegar is a California attorney, State Bar #244184, licensed since 2006, and he handles contract litigation in the Los Angeles County and Orange County courts. He represents both plaintiffs and defendants, which means he can anticipate how the other side will read your file before they see it, and he matches the first move to the amount at stake rather than filing the most expensive thing available. Tell us what’s going on and we’ll explain your options and costs before you commit to anything.